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GAME LAW 
OF MISSOURI 



AS AMENDED 

By the 

48th General Assembly 




Compliments of 

JESSE B. JONES 

State Game and Fish 
Commissioner 



JEFFERSON CITY, MISSOURI 






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JAN 18 1916 



Game Law of Missouri. 



ARTICLE II— PRESERVATION OF FISH AND GAME. 



SECTION 

6508. Title to birds, fish and game in state. 

Killing and transporting prohibited — game birds 
denned. 

Nests and eggs not to be destroyed. 

Penalty. 

Three preceding sections not to apply, when. 

Certificates to be granted by game warden, when. 

Expiration of certificates. 

Certain birds not protected. 

Periods certain birds may be killed — penalty. 

Killing certain birds prohibited — penalty. 

Aquatic birds not to be pursued, how — penalty. 

Devices, poisons, etc., prohibited — penalty. 

Regulating killing of deer — penalty. 

Regulating killing of squirrel, etc. — penalty. 
6521a. Regulating killing of fur-bearing wild animals. 
6522. Right to kill — number — retain, what length of time. 
— penalty. 

Consignee to notify warden, when — penalty. 

Game in close season — penalty. 

Regulating sale, storage and serving of game. 



6509. 

6510. 
6511. 
6512. 
6513. 
6514. 
6515. 
6516. 
6517. 
6518. 
6519. 
6520. 
6521. 



6523. 
6524. 
6525. 



6525a. Soliciting illegal shipments — penalty. 

6526. Cost of arrest, how taxed. 

6527. Liable for attempt — accessories liable. 

6528. Definition of terms — sufficiency of indictment. 

6529. Warrant, how served on corporation. 

6530. Imprisonment for failure to pay fine. 

6531. Liable for wildfire — penalty. 

6532. Failure of officer to perform duty — penalty. 

6533. Limitation of prosecution. 

6534. Printing. 

6535. Obstructing free passage of fish — penalty. 

6536. Contamination of streams — penalty. 

6537. Explosives prohibited — penalty. 

6538. Poison and explosives not to be used to kill fish — 

penalty. 
6545. Officers to enforce law — sections to be given in 
charge to grand juries. 

6547. Disposition of fines recovered. 

6548. Use of nets, seines and other devices prohibited — 

exceptions — seasons — penalty. 

6549. Fishing near ladder or under ice prohibited — pen- 

alty. 

6550. Sale of certain fish prohibited — possession — penalty. 

6551. Pearl fishing prohibited — what seasons. 

6552. Owner of milldams — duty to make fish chute. 

6553. Game commissioner to prepare plan for fish chute. 

6554. Game commissioner to inspect dams. 

6555. Penalty for dam owner for failure to construct chute. 

6556. Corporation owning dam- — who liable. 

:; 



SECTION 

6557. Governor to appoint game and fisb commissioner — 
salary. 

Game commissioner shall file statement, with whom. 

Game commissioner shall give bond. 

Game commissioner shall keep a seal. 

Game commissioner shall make report to governor, 
when — what. 

Duties of game commissioner. 

Certain articles forfeited to state. 

Game commissioner may examine packages — pen- 
alty for refusal to allow examination. 
6564a. Inspection and counting of birds, game animals — 
penalty. 

Commissioner may serve warrants — may arrest 
without warrant, when. 

Commissioner may appoint deputies — compensation. 

Commissioner to publish and distribute laws re- 
lating to game. 

Commissioner may issue permits, when — to whom. 

License for breeding game in captivity — penalty. 

Taxidermy — who shall engage in. 

Commissioner may transmit specimens to other 
state wardens, when. 

May remove fish, when. 

Permits to be issued, when — fee. 

Certain officers deputy wardens. 

License to hunt. 

License to nonresidents, how procured — must keep 
record — license to residents, how procured. 

Application of nonresidents must contain what — fee. 

Resident license, by whom issued — record kept — 
clerk's fee — monthly remittance and report — 
penalty. 

Resident or state license, good where — qualifica- 
tions of applicant — fee — proviso. 

Duties of license collector St. Louis city same as 
county clerk. 

License may be inspected, by whom — penalty for 
refusal. 

Penalty for hunting without license. 

Penalty for fraudulently procuring license. 

Licenses distinguishable in color — distribution of 
— annual return and report. 

Schedule of game and open dates on back of license 
— licensee shall report to commissioner. 

"Game protection fund," availability and restric- 
tions. 

Trials, duty to report fines. 

Penalties collected, how disposed of. 

State treasurer to make monthly report to commis- 
sioner. 

Shipping, owner to accompany game — penalty. 

Transportation company must inquire for license 
before shipping. 

Deer or elk may be shipped, when. 

Penalty not otherwise provided. 

Trespass — hunting. 

Trespass (trapping). 



6558. 
6559. 
6560. 
6561. 

6562. 
6563. 
6564. 



6565. 

6566. 
6567. 

6568. 
6568a. 
6569. 
6570. 

6571. 
6572. 
6573. 
6574. 
6575. 

6576. 
6577. 



6578 

6579. 

6580. 

6581 
6582. 
6583. 

6584. 

6585. 

6586. 

6587. 
6588. 

6589. 
6590. 

6591. 
6591a. 
4S93a. 
1, 2. 



Section 6508. Title to birds, fish and game in 
state. — The ownership of and title to all birds, fish and 
game, whether resident, migratory or imported, in the 
state of Missouri, not now held by private ownership, 
legally acquired, is hereby declared to be in the state, 
and no fish, birds or game shall be caught, taken or 
killed' in any manner or at any time, or had in posses- 
sion, except the person so catching, taking, killing or 
having in possession shall consent that the title of said 
birds, fish and game shall be and remain in the state of 
Missouri, for the purpose of regulating and controlling 
the use and disposition of the same after such catching, 
taking or killing. The catching, taking, killing or 
having in possession of birds, fish or game at any time, 
or in any manner, by any person, shall be deemed a 
consent of said person that the title of the state shall 
be and remain in the state, for the purpose of regulat- 
ing the use and disposition of the same, and said pos- 
session shall be consent to such title in the state. 
(Laws 1909, p. 519.) 

The absolute ownership of wild game is vested in the 
people of the state. The legislature may make any restric- 
tions it may deem proper, or prohibit the killing of game en- 
tirely. State v. Heger. 194 Mo. 707; State v. Weber, 205 
Mo. 36. For a history of legislation on fish and game, and as 
to disposition of fines and penalties, see State ex rel. v. Warner, 
197 Mo. 650. This statute includes fish artificially propagated 
and game raised in captivity. State v. Weber, 205 Mo, 36. 
But Sec. 6591 excepts shipment of elk and deer from private 
preserves. 

Sec. 6509. Killing and transporting prohibited 
— game birds defined. — No person shall, within the 
state of Missouri, kill or catch, or have in his posses- 
sion, living or dead, any wild bird other than a game 
bird, or purchase, offer or expose for sale, transport or 
ship, within or without the state, any such wild bird 
after it has been killed or caught, except as permitted 
by this article. No part of the plumage, skin or body 
of any bird protected by this section shall be sold or 
had in possession for sale, irrespective of whether said 
bird was captured or killed within or without the state. 
For the purpose of this article the following only shall 
be considered game birds: The anatidse, commonly 
known as swans, geese, brant, and river and sea ducks; 
the rallidae, commonly known as rails, coots, mud hens 
and gallinules; the limicolae, commonly known as 
shore birds, plovers, surf birds, snipe, woodcock, sand- 
pipers, tattlers and curlews; the gallinse, commonly 



6 



known as wild turkeys, grouse, prairie chickens, 
pheasants, partridges and quails; the columbae, com- 
monly known as doves and pigeons; all other species 
of birds, either resident, migratory or imported, shall 
be considered nongame birds. Nothing in this article 
shall be construed to prevent the possession and sale 
of live canaries and parrots. (Laws 1909, p. 519.) 

Sec. 6510. Nests and eggs not to be destroyed. 
No person shall, within the state of Missouri, take or 
needlessly destroy the nest or the eggs of any wild bird, 
nor shall have such nest or eggs in possession except as 
permitted by this article. (Laws 1909, p. 519.) 

Sec. 6511. Penalty. — Any person who violates 
any of the provisions of sections 6509 or 6510 shall be 
guilty of a misdemeanor, and shall be liable to a fine of 
twenty-five dollars for each offense, and an additional 
fine of five dollars for each bird, living or dead, or part 
of bird, or nest or egg possessed in violation of this 
article. (Laws 1909, p. 519.) 

Sec. 6512. Three preceding sections not to ap- 
ply, when. — Sections 6509, 6510 and 6511 of this article 
shall not apply to any person holding a certificate giv- 
ing the right to take birds and their nests and eggs for 
scientific purposes, as provided for in section 6513. 
(Laws 1909, p. 519.) 

Sec. 6513. Certificates to be granted by game 
commissioner, when. — Certificates may be granted by 
the state game and fish commissioner to any properly 
accredited person of the age of fifteen years or up- 
wards, permitting the holder thereof to collect birds, 
their nests or eggs, for strictly scientific purposes 
only. In order to obtain such certificates, the ap- 
plicant for the same must present to the state game 
and fish commissioner written testimonials from two 
well-known ornithologists, certifying to the good char- 
acter and fitness of said applicant to be entrusted with 
such privilege; must pay to the state game and fish 
commissioner two dollars to defray the necessary ex- 
penses attending the granting of such certificate. 
Certificates will become void upon proof that the 
holder of such certificate has killed any bird, or 
la ken the nest of eggs of any kind, for other than the 
purposes named in sections 6512 and 6513 of this 
article, and the holder shall be further subject for each 
offense to the penalties provided therefor in section 
0511 of this article. (Laws 1909, p. 519.) 



Sec. 6514. Expiration of certificates. — The cer- 
tificates authorized by section 6513 shall expire on the 
31st day of December of the year issued, and shall not 
be transferable. (Laws 1909, p. 519.) 

Sec. 6515. Certain birds not protected. — The 
English or European house sparrow, goshawk, Coop- 
er's haWk, sharp-shinned hawk, great horned owl, 
crow and crow blackbird (bronzed grackle), are not 
included among the birds protected by this article. 
(Laws 1909, p. 519.) 

Sec. 6516. Period certain birds may be killed — 
penalty. — No person shall, take, capture or kill, by 
any means whatever, any game birds except the fol- 
lowing named game birds between the following dates 
(both inclusive): Wild turkey — November 1st to 
December 31st of each year. Quail (bobwhite, par- 
tridge) and woodcock — November 10th to December 
31st of each year. Ducks, geese, brant, snipe, black 
breasted and golden plover, greater and lesser yellow- 
legs, rails, coots and gallinules — January 1st to April 
30th and September 15th to December 31st of each 
year. Doves — August 1st to November 10th of each 
year. Anyone who shall violate any of the provisions 
of this section shall, upon conviction thereof, be pun- 
ished by a fine of not less than twenty-five dollars 
($25.00) nor more than fifty dollars ($50.00) for each 
offense, and an additional fine of five dollars ($5.00) 
for each bird injured, killed or possessed. (New sec- 
tion.) 

Approved March 24, 1915. 

Sec. 6517. Killing certain birds prohibited — 
penalty. — Any person who shall take, capture or kill, 
except under permit any pinnated grouse, (prairie 
chicken), ruffed grouse (pheasant), Mongolian, 
Chinese or English pheasant, or other resident, migra- 
tory or imported game bird, except as provided in 
section 6516, shall be punished by a fine of not less 
than twenty-five dollars ($25.00) nor more than fifty 
dollars ($50.00) for each offense, and an additional 
fine of five dollars ($5.00) for each bird captured, killed 
or possessed. (New section.) 

Approved March 24, 1915. 

Sec. 6518. Aquatic birds are not to be pursued — 
how — penalty. — Any person who, in the pursuit of 
any wild duck, goose or brant, or other aquatic bird, 
upon the waters of this state, shall use any sneak 



boat, or any sail boat, or boat propelled by steam, 
naphtha, electric or other engine or machinery, or 
any battery, swivel gun or punt gun, or who shall kill 
or attempt to kill or pursue while occupying or using 
any such boat, any wild geese, duck, brant or other 
aquatic bird, or who shall construct or use, for the 
purpose of hunting upon the ice, any fixed or artificial 
blind or ambush, shall be punished by a fine of not 
less than ten dollars ($10.00) nor more than fifty dol- 
lars ($50.00): Provided, the words "swivel gun" or 
"punt gun," shall apply to any firearm, too heavy to 
be discharged at arm's length, or being of a calibre 
larger than ten gauge. (New section.) 
Approved March 24, 1915. 
Sec. 6519. Devices, poisons, etc., prohibited — 
penalty. — No person shall at any time make use of 
any pit, pitfall, deadfall scaffold, cage, snare, trap, net, 
salt lick, baited hook, or any other similar device, or 
any drug, poison, chemical or explosive, for the pur- 
pose of injuring, capturing or killing any birds or 
animals protected by the laws of this state except as 
otherwise provided. The word pit or any other word 
in this section, shall not be construed as a prohibition 
against the use of stationary "blind" or other means of 
concealing a hunter, awaiting the flight of game birds 
in their legal season. No person shall pursue, catch, 
take or kill any bird, deer, wild turkey, wild ducks, 
wild geese, brant, or other aquatic bird or fowl, be- 
tween the sunset and the following sunrise. Any per- 
son violating any provisions of this section shall be 
punished by a fine of not less than twenty-five dol- 
lars ($25.00) nor more than one hundred dollars 
($100.00). (New section.) 

Approved March 24, 1915. 
Sec. 6520. Regulating killing of deer — penalty. 
It is hereby declared unlawful to kill or attempt to 
kill any deer in the state of Missouri under one year of 
age. It is further declared unlawful to kill any deer of 
any age between the first day of January and the first 
day of November of each year, and for the purpose of 
preventing the extinction of the species it is hereby de- 
clared unlawful to kill any doe. It is further declared 
unlawful to make use of any artificial light in hunting 
or killing deer; and the wearing or having such light on 
the head shall be prima facie evidence of the violation 
of this section. It is also declared unlawful for any 
person to wound, kill or capture any deer in the waters 



9 



of the streams, ponds or lakes within the jurisdiction 
of this state, or to hunt or chase deer with dogs, or to 
have in possession or transport at any time the carcass 
of any deer, or any portion of such carcass, unless the 
same has thereon the natural evidence of its sex. Any 
person violating the provisions of this section shall be 
punished by a fine of not less than twenty-five dollars 
nor more than one hundred dollars. (Laws 1913, 
p. 346.) 

Sec. 6521. Regulating killing of squirrels, etc.— 
penalty. — No person shall pursue, capture, injure, kill 
or destroy any gray squirrel, fox squirrel (American 
squirrel) or black squirrel, except from June 1st to 
December 31st, both inclusive; nor shall any person 
pursue, injure, capture, kill or destroy any such squir- 
rels at any time in any public or private park: Pro- 
vided, that any person may protect his premises from 
the ravages and depredation of animals named in this 
section at any time and in any way. Any person who 
shall violate any of the provisions of this section, shall 
be punished by a fine not to exceed twenty-five dol~ 
lars ($25.00). (New section.) 

Approved March 24, 1915. 

Sec. 6521a. Regulating killing of fur-bearing 
wild animals. — It shall be unlawful for any person to 
kill any fur-bearing wild animal or take, offer for sale, 
bargain or buy, any pelts of fur-bearing wild animals of 
this state when said pelts have been taken out of 
season. The season for taking such pelts shall be 
from November first to December thirty-first, and 
from January first to February first of each year: 
Provided, that any person may protect his premises 
from the ravages and depredations of any animals 
named in this section at any time and in any way. 
Any person who violates any of the provisions of this 
article shall, upon conviction thereof, be deemed guilty 
of misdemeanor and shall be punished by a fine not to 
exceed twenty-five ($25.00) dollars. (Laws 1913, 
p. 348.) 

Sec. 6522. Right to kill — number — retain, what 
length of time— penalty. — The right given by this 
article to take or kill deer, or birds, or to have in pos- 
session, unless otherwise specified, is limited to food 
purposes and to one deer, two turkeys, ten quail or 
bobwhite and fifteen additional game birds of each 
and every other family for each person in any one 



10 



calendar day, and no person shall take, kill or have in 
possession at any one time more than two deer, four 
turkeys, fifteen quail or bobwhite, and twenty-five 
additional legal game birds of each and every other 
family. No birds, game or fish, protected by this 
article shall be held in possession by any person for 
more than five days after the close of the season for 
killing the same. Any person violating any of the 
provisions of this section shall be deemed guilty of a 
misdemeanor, and, upon conviction thereof shall be 
fined not less than twenty-five dollars ($25.00) nor 
more than fifty dollars ($50.00). (New section.) 

Approved March 24, 1915. 

Sec. 6523. Consignee to notify commissioner, 
when — penalty. — Any persons, firm or corporation, to 
whom is consigned any birds, game or fish, the killing, 
sale or possession of which is at any time or at all times 
prohibited, shall, upon receipt of same, immediately 
notify the state game and fish commissioner, or any of 
his deputies, and safely keep such game, birds or fish in 
his possession or under control, subject to the order of 
said game commissioner. Any person violating any of 
the provisions of this section shall be deemed guilty of 
a misdemeanor, and, upon conviction, shall be fined 
not less than twenty-five dollars nor more than fifty 
dollars. (Laws 1909, p. 519.) 

Sec. 6524. Game in close season — penalty. — 
Any person who shall have in his possession or under 
his control any variety of fish, game or birds during the 
close season prescribed by law therefor, or any car- 
cass or flesh thereof, except for scientific or propagat- 
ing purposes, shall be punished by a fine of not less 
than fifty dollars nor more than one hundred dollars. 
(Laws 1909, p. 519.) 

Sec. 6525. Regulating sale, storage and serving 
of game — exception — penalty. — Any person, firm, or 
corporation, who shall, at any time of the year, barter, 
sell or offer for sale, or who shall store or serve in any 
commission house, cold storage house or commercial 
establishment, in this state, either under the name 
used in this article, or under any other name, or guise 
whatever, any animal or birds protected in this article, 
whether taken within or without this state, or law- 
fully or unlawfully taken, shall be punished by a fine 
of not less than fifty dollars ($50.00) nor more than 
one hundred dollars ($100.00), and an additional fine 



11 



of five dollars ($5.00) for every bird or animal or part 
of every bird or animal bartered, sold or offered for 
sale, stored or served: Provided, that nothing in this 
section shall be construed to apply to the pelts of fur- 
bearing animals lawfully taken, or as otherwise pro- 
vided for taxidermists, or scientific specimens in this 
act: 'Provided, nothing in this section shall be con- 
strued to prohibit the storing, and serving, in any eat- 
ing establishment of deer, and elk raised in captivity, 
as provided for in section 6591. (New section.) 

Approved March 24, 1915. 

Sec. 6525a. Soliciting illegal shipments — penalty. 
It shall be unlawful for any person, firm or corpora- 
tion, to solicit by correspondence, printed cards, cir- 
culars, shipping tags, advertisement or otherwise, 
any illegal shipments, consignments or delivery of 
game and fish, contrary to the laws of this state, 
whether taken within or without this state, or in any 
other manner to aid or abet in a conspiracy to violate 
the game and fish laws of this state. Any violation 
of this section shall be a misdemeanor, and upon con- 
viction of the offender, shall be punished by a fine of 
not less than fifty dollars ($50.00) nor more than five 
hundred dollars ($500.00). (New section.) 

Approved March 24, 1915. 

Sec. 6526. Cost of arrest, how taxed. — When an 
arrest for a violation of this article is made by any 
commissioner and the defendant is convicted, there 
shall be taxed as costs in favor of such commissioner 
making the arrest the same fees as a constable is en- 
titled to in a case of misdemeanor, and, if collected 
from the defendant, shall be paid over to such a com- 
missioner, and shall be his personal perquisite, for 
which he need not account, but no fees shall be al- 
lowed in case of acquittal, nor shall any county or the 
city of St. Louis be liable for such fees in any event. 
(Laws 1909, p. 519.) 

Sec. 6527. Liable for attempt — accessories li- 
able. — Any attempt to violate any provisions of this 
article shall be punished to the same extent as an 
actual violation thereof. Any such attempt, or any 
violation by an agent, clerk, officer or employe, while 
acting for any other person, shall render such party 
liable also, and an accessory may in all cases be pros- 
ecuted and punished as a principal. (Laws 1909, 
p. 519.) 



12 



Sec. 6528. Definition of terms — sufficiency of 
indictment. — As used in this article, unless otherwise 
specifically restricted or enlarged, the words herein 
and hereof refer to the whole article; the words per- 
son, owner, proprietor, grantee, lessee or licensee in- 
clude a firm, association, corporation or municipality; 
the word commissioner means the state game and fish 
commissioner or deputy commissioner provided for 
herein; the word officer includes every person author- 
ized to enforce this article; the words close season 
mean that season in which the birds, game or fish shall 
not be killed or possessed, and whenever the posses- 
sion, use, importation, transportation, storage, taxi- 
dermy, sale, offering or exposing for sale of fish, game 
or birds is prohibited or restricted, the prohibition or 
restriction shall exteud to and include every part of 
such fish, game or bird, and a violation as to each in- 
dividual animal, fish or bird, or part thereof, shall be 
a separate offense, and two or more offenses may be 
charged in the same complaint, information or indict- 
ment, and proof as to a part of a fish, bird or animal 
shall be sufficient to sustain a charge as to the whole of 
it; and violations as to any number of animals, fish or 
birds of the same kind may be charged in the same 
count and punished as a separate offense as to each 
animal, bird, fish or game. (Laws 1909, p. 519.) 

Sec. 6529. Warrant, how served on corporation. 

In case of a violation of this article by a corporation, 
the warrant of arrest may be read to the president, 
secretary or manager in this state, or any general or 
local agent thereof in the county where the action is 
pending, and upon the return of such warrant so 
served, the corporation shall be deemed in court and 
subject to the jurisdiction thereof, and any fine im- 
posed may be collected by execution against the prop- 
erty of such corporation, but this section shall not be 
deemed to exempt any agent or employe from prosecu- 
tion. (Laws 1909,. p. 519.) 

Sec. 6530. Imprisonment for failure to pay fine 
unless paroled. — Whenever upon conviction the per- 
son convicted fails to pay the fine and costs imposed 
upon him, he shall be committed to the jail of the 
county or of the city of St. Louis, or to some work- 
house and shall there be kept confined one day for each 
dollar of fine and costs adjudged against him, unless 



13 



otherwise paroled by the judge of the circuit or crimi- 
nal courts of this state, as otherwise provided by law in 
, criminal cases. (New section.) 
Approved March 23, 1915. 

Sec. 6531. Liable for wildfire— penalty.— No 

person shall set fire to any timber or grass on land be- 
longing to this state or to the United States, or set 
fire to any place where it is liable to spread to such 
timber or grass, nor abandon any camp fire unextin- 
guished. Any person violating any of the provisions 
of this section shall be deemed guilty of a misde- 
meanor, and, upon conviction, shall be fined not less 
than twenty-five dollars nor more than two hundred 
dollars. (Laws 1909, p. 519.) 

Sec. 6532. Failure of officer to perform duty- 
penalty. — Any official, officer or commissioner who 
shall fail to perform any act, duty or obligation en- 
joined upon him by the game and fish laws shall be 
guilty of misdemeanor, and shall be punished by a 
fine of not less than one hundred dollars nor more than 
five hundred dollars and costs of prosecution. (Laws 
1909, p. 519.) 

Sec. 6533. Limitation of prosecution. — Prosecu- 
tions under this article may be commenced within one 
year from date of violation of any provision of this 
article, either by indictment, complaint or informa- 
tion. (Laws 1909, p. 519.) 

Sec. 6534. Printing.— The blanks and other 
printing necessary to carry out the provisions of this 
article shall be printed under the direction of the com- 
missioners of public printing in the form to be pre- 
scribed by the state game and fish commissioner, to be 
paid for in like manner and upon the same terms as 
other public printing. (Laws 1909, p. 519.) 

Sec. 6535. Obstructing free passage of fish — 
penalty. — It shall be unlawful for any person or per- 
sons to place, or cause to be placed or erected, any 
seine, screen, net, weir, fish dam or other obstruction 
in or across any of the waters, rivers, creeks, ponds, 
streams, sloughs or other watercourse within the juris- 
diction of this state in such a manner as will obstruct 
the free passage of fish up and down and through such 
water or watercourses. Any person violating any of 
the provisions of this section shall be deemed guilty of 



14 



a misdemeanor, and be fined, upon conviction, not 
less than fifty dollars nor more than two hundred 
dollars, and costs of prosecution. (Laws 1909, p. 
519.) 

See Sec. 5482 and notes. 

Sec. 6536. Contamination of streams— penalty. 

It shall be unlawful for any person or persons, firm 
or corporation to cause any dyestuff, coal tar, oil, 
sawdust, poison or deleterious substances to be thrown, 
run or drained into any of the waters of this state in 
quantities sufficient to injure, stupefy, or kill fish 
which may inhabit the same at or below the point 
where any such substances are discharged or caused 
to flow or be thrown into such waters: Provided, that 
it shall not be a violation of this section for any per- 
son, firm or corporation engaged in any mining in- 
dustry to cause any water handled or used in any 
branch of such industry to be discharged on the sur- 
face of the land where such industry or branch thereof 
is being carried on under such precautionary measures 
as shall be approved by the state game and fish com- 
missioner. Any person or persons, firm or corpora- 
tion offending against any of the provisions of this 
section shall be deemed guilty of a misdemeanor and 
upon conviction, shall be fined not less than two hun- 
dred dollars ($200.00) nor more than five hundred 
dollars ($500.00) for each offense. (New section.) 

Approved March 24, 1915. 

Sec. 6537. Explosives prohibited — penalty. — 
The use of dynamite or explosives in any of the waters 
of this state is prohibited except by the special permis- 
sion and under the supervision of the state game and 
fish commissioner, and then only for mining or me- 
chanical purposes, or to recover the bodies of persons. 
Any person, firm or corporation offending against 
any of the provisions of this section shall be deemed 
guilty of a misdemeanor, and, upon conviction, shall 
be fined not less than five hundred dollars nor more 
than one thousand dollars for each offense. (Laws 
1909, p. 519.) 

See Sec. 6538 and notes. 

Sec. 6538. Poison and explosives not to be 
used to kill fish — penalty. — No person shall place or 
use in any of the waters of this state any medical 
drug, any coculus indicus, or fish berry, or any other 
poisonous thing or substance, calculated to poison, 



15 

kill, or injure any fish, nor shall by such means 
kill, catch or take any fish that may be in said waters, 
and no person shall place any dynamite, giant powder, 
nitroglycerin, or any explosive substance of which ni- 
troglycerin composes a part, or any other explosive 
substance or preparation in any of the waters of this 
state, whereby any fish that may be in said waters 
may be killed, injured, or destroyed, and no person 
by any such means shall kill, catch or take any fish 
from said waters. Any person who shall violate any 
of the provisions of this section, shall on conviction 
be adjudged guilty of a felony and punished by im- 
prisonment in the penitentiary for a term not exceed- 
ing two years, or by imprisonment in the county jail 
not less than thirty days, or by fine not less than one 
hundred dollars ($100.00), or by both such fine and 
imprisonment. (New section.) 

Approved March 24, 1915. 

Sections 6539, 6540. 6541, 6542, 6543, 6544, are omitted 
because the supreme court has held them to be unconstitu- 
tional. 

Sec. 6545. Officers to enforce law — sections to 
be given in charge of grand juries. — It shall be the 
duty of all sheriffs and their deputies, constables and 
their deputies, and all prosecuting attorneys and their 
assistants, within their respective counties, and the 
city of St. Louis, to diligently aid in enforcing the 
provisions of all laws in relation to the protection and 
preservation of fish in all of the waters of this state 
and section 6538 of this article, shall be given in special 
charge to grand juries, by all courts having criminal 
jurisdiction by indictment. (New section.) 

Approved March 24, 1915. 

Section 6546 is omitted because the penalty it provided 
is now provided for in the new section 6538. 

Sec. 6547. Disposition of fines recovered. — One 

half of all fines collected upon convictions under the 
provisions of sections 6538 to 6545, inclusive, shall be 
paid to the informer or prosecutor, and the other half 
paid into the county school fund, and all officers, their 
deputies and assistants, required by said sections to 
aid in their enforcement shall be considered informers 
and prosecutors in all cases where they shall originate 
prosecutions for any violations of the provisions of 
said sections. (R. S. 1899, Sec. 7465.) 

Sec. 6548. Use of nets, seines and other de- 
vices prohibited — exceptions — seasons — penalty. — It 



16 



shall be unlawful for any person or persons to take, 
catch, or kill any fish in any of the waters of this state 
by means of any seine, trammel net, gill net, fish trap, 
firearm, rifle or gun, or any other kind of net, trap, 
firearm, device or means other than by ordinary hook 
and line, gig, spear, trot line or artificial bait: Pro- 
vided, it shall be unlawful for any person to take, catch 
or kill more than fifty pounds of fish in any one day 
with gig or spear: Provided, any one fish may be ex- 
cluded from this weight, in order to comply with the 
requirements of total weight of fish so gigged or 
speared: Provided, it shall be unlawful to gig fish or 
spear fish during the months of January, February, 
March, April and December of each year: Provided, 
it shall be unlawful for any person or persons to take, 
catch or kill any fish in any of the waters of this state 
either by "logging," "rock" or "hand fishing" or by 
any means whatever during the months of April and 
May, except with ordinary hook and line and natural 
bait or artificial bait or gig: Provided, it shall be un- 
lawful to seine, net or trap fish in the Mississippi or 
Missouri rivers by use of these devices during the 
months of April and May: Provided, it shall be un- 
lawful to seine, net or trap fish at any time within 
three hundred yards of the mouth of any stream or 
slough emptying into the Mississippi or Missouri 
rivers: Provided, it shall be unlawful for any person 
to ship, or offer for shipment, any fish which have been 
killed, or taken by use of any spear or gig or for any 
person to have in his possession at one time more than 
fifty pounds of fish gigged or speared, and then only 
for his or her own family consumption: Provided, 
nothing in this section shall apply to fish taken in any 
private pond or reservoir, wholly upon the premises of 
the owner or occupant thereof, and then only by and 
with the consent of said owner or occupant: Pro- 
vided, nothing in this section shall prohibit the use of 
seine, trammel net and hoop net in the Mississippi 
and Missouri rivers during the months of January, 
February, March, June, July, August, September, 
October, November and December of each year with 
seines and nets, the mesh of which shall not be less 
than two (2) inches square: Provided, such seines or 
nets shall not be operated within three hundred yards 
of the mouth of any streams or slough emptying into 
said Mississippi and Missouri rivers: Provided, any 
person may use a glass or wire minnow trap or a small 
seine which is not more than twenty feet (20) in 



17 



length and four (4) feet in width, known as a minnow 
seine, to be used for catching bait only: Provided, 
any trout, bass, crappie, pike, jack salmon, channel 
cat, or fish other than minnows or small sunfish caught 
in minnow seines, glass and wire traps, must be re- 
turned uninjured into the water from which they were 
taken: Provided, all minnows and sunfish taken in 
such traps and minnow nets, and not of sufficient size 
to be kept for bait must likewise be returned to the 
water from which they were taken: Provided, failure 
to "return fish to the water as herein specified, when 
captured in bait seines or traps, shall be included in 
the unlawful acts provided for in this section: Pro- 
vided, this section shall not apply to fish taken for food 
purposes, by residents of this state, from the waters 
which are wholly caused by temporary formation from 
overflow waters, but no fish so taken shall be used for 
commercial purposes: Provided further, that any 
person or persons owning land along any unnavigable 
stream or by permission from said landowner in this 
state may take fish from such streams during the 
months of July, August and September for his or their 
own consumption or table use with common two (2) 
inch mesh net seine, provided it shall be a misdemean- 
or to offer for sale fish so taken: Provided nothing in 
this bill shall be construed as to apply to the fish com- 
monly known as grinnel, shovel bill(,) cat and gar, 
but they may be killed at any time and in any way ex 
cept dynamite or explosions of any kind. Any per 
son violating the provisions of this section will be 
guilty of a misdemeanor and shall be subject to a 
fine of not -less than fifty dollars ($50.00) nor more 
than two hundred dollars ($200.00). (New section.) 

Approved March 24, 1915. 

Sec. 6549. Fishing near ladder or under ice 
prohibited — penalty. — It is hereby declared unlawful 
to catch, take or kill any fish in any manner in the 
waters of this state except with pole, line, single hook 
and only natural bait used, within a distance of two 
hundred feet on either side of any fishway or fish 
ladder erected or maintained in compliance with the 
laws of the state, or to take, catch or kill any fish in 
any manner in any water of this state upon the sur- 
face of which ice is frozen. Any person violating the 
provisions of this section shall, upon conviction, be 
fined not less than ten dollars nor more than fifty 
dollars. (Law 1913, p. 349.) 



18 



Sec. 6550. Sale of certain fish prohibited — pos- 
session — penalty. — It - II 01 >ffei 
for sale any >f th< - fis oed 
be!:" which are less than the lej a 
Trt it, eight : - eleven inches; jack 
eleven i^ ; -li-? arht in 

:l;^t-: white ass, eighl inches; sunfish, six 

inches; I Ine >r eh - lirl rhite 

perch, ten inches; said fish 1 - - . 

i : lating any :: the 
Leemed ^ i 
misdemeanoi l shall be fined not 

!rS5 than ten I - 51 a : more than two hun- 

for each aal z?_ - sred 

for sale. The having in possession . on- 

ay 5ommercial establishmei 
person engaged in keeping ;r running a h 

Qess : selling z ; _ - 
q are held 

lati I - - Sew section. 

Aproved March 24, 1 U " 

Sec. 6551. Pearl fishing prohibited — what sea- 
sons.- — It is hereby leclared nnla i ranypers 
Tiji^ in wm t ii a as ing" 

in an rs :: this state at any time luring the 

: March, April, May and June. Any person 
ting the ; re ■■ : ; :.if ::' this section shall be g 

::. upon 3onviction, shall be fined 
not less than twenty-five iollars nor more than one 
hundred Iollars for -. fense. Lai -. p. 

■ 

Sec. 6552. Owner of milldams — duty to make 
fish chute. — It shall be ::: iuty :■: the owners 
ts of any d ly ::rraiz in this si 

::t owner or occupant of ai; 

in this sfe L^r. 

- 
jring the use >i the same for 
-• pur- 

l 

is such per- 

- 
and i state, such mutes or 



19 



fish ladders to be completed and placed in all dams in 
existence at the date of the passage of this article on or 
before the first day of November, 1909, and all dams 
hereafter built shall be constructed with such chutes 
or fish ladders at the time of building of said dams. 
All such chutes or fish ladders shall be maintained and 
kept in good repair by the owners or occupants of such 
dam or dams or by the person using the water thereof, 
as aforesaid, during the whole time of the existence of 
said dam or dams; and they shall keep said chutes and 
fish ladders open for the free passage of fish during all 
the months of March, April, May and June of each 
year: Provided, that on all streams where there is 
not a surplus of water for all legitimate purposes of the 
dam owner during the months of March, April, May 
and June, the said owner shall only be required to keep 
such chute open when there is waste water and to 
cause such waste water to pass through such chute 
sufficient to furnish free passage for fish up such 
stream. (Laws 1909, p. 519.) 

Sec. 6553. Game commissioner to prepare plan 
for fish chute. — It shall be the duty of the state game 
and fish commissioner of this state to procure a draft 
of a general plan on a scale of such construction as will 
in his opinion best subserve the free passage of large 
and small fish, both up and down the small streams at 
the dam, on which plan shall be designated the great- 
est allowable slope per foot run on said chutes or fish 
ladders when in place in the dam; also, the proper 
width and depth, together with such other details and 
specifications in respect to materials and construction, 
and connection with the dam, as will enable an or- 
dinary carpenter to properly construct and place the 
same. (Laws 1909, p. 519.) 

Sec. 6554. Game commissioner to inspect dams. 
The state game and fish commissioner is hereby made 
inspector of dams during his term of office, and it shall 
be his duty to cause to be constructed by the owner of 
said dam a fish chute or ladder as provided by the 
terms of this article, the expense thereof to be paid by 
the owner or occupant enjoying the use of said dam. 
It shall be the duty of the state game and fish commis- 
sioner to prosecute, in the name of the people, with 
the aid of the prosecuting attorney of the county, in 
all cases where this law is not complied with. (Laws 
1909, p. 519.) 



#— * 14 9 — * 

100J3H10i«r%TIOS 




21 



Fish Ladder, or Chute, With Specifications 

As Adopted for Use in Missouri Streams by Jesse B. Jones, 
State Game and Fish Commissioner. 

CRIB OR BULKHEAD. 

Construct of white oak, cypress, pine or other durable 
wood, 2x12 "joist stuff." Mitre and bolt the corners thor- 
oughly in order to resist the drift which might float down and 
strike bulkhead. Bolt the sides of bulkhead at the bot- 
tom atr corners with strap irons, full length on sides, and nut 
and washer on under side of bottom. The top crib on top of 
bulkhead should project or stand out of the water at least two 
feet higher than the main chute. 

Fill the crib and bulkhead with heavy stone or concrete, 
sufficient in weight to anchor the chute firmly down to dam. 
Always recess the chute into dam. sufficient to let full current 
of water flow through the flshway at low water mark ; the top of 
the chute must always be under water. 

If current is too strong to put chute in place, a temporary 
cofferdam of sandbags may be constructed in checking the 
flow of water until chute is in place and bulkhead weighted 
down. Sandbags should be removed when chute is completed. 

CHUTE OR RUNWAY. 

Construct the chute of two-inch material (white oak). 
Build first the chute from the crib, letting 2x12 bottom pieces 
extend through under bulkhead. In making joints see to it 
that they come on the arms. Bolt the 2x12 arms to bottom 
and top with two one-half inch bolts to each arm, letting tnem 
run clear through. Also use plenty of spikes in securing all 
parts together. The runway of the chute must extend to 
within two feet of the bottom of the river, and into the pool 
below the dam. It may be placed at either one side or in the 
center of the dam, but must be placed in the channel of the 
stream and where the greatest depth is always to be found. 

Cover the entire chute with two-inch white oak planks, 
leaving a two-inch space between the planks for the purpose 
of cleaning out the pockets. Use plenty of wire nails in the 
construction. Support the slanting chute from the bottom 
of the stream by knees or horses on proper and sufficiently 
strong supports. The length of the chute is determined by 
the height of the dam, the fall being 4 feet to every one foot 
of height of the dam. In securing the chute to the horses or 
knees, place an iron band over the chute and extend down and 
bolt on to the upright supports in order that the two will be 
securely made fast together. 

At the bottom of horses or supports find or form a solid 
bottom, and bolt firmly a cross-arm from one to the other, ex- 
tending on either side about 2 feet in the clear of the runway, 
and on this arm secure by wiring sufficient weight to anchor 
and hold fast the lower end of chute to within 2 feet of bottom 
of stream during high or low water, so it will not be inclined to 
float. Keep both these lower and upper ends of the chutes 
always clear of debris for the free passage of fish. 

In connecting the slanting part of chute to the level part 
which lays in the dam, use strap irons bolted to each section 
securely, place one across each joint, on sides, top and bottom. 
Should dam be of such height as to need several sections, al- 
ways put sufficient supports, well secured and bolted and 
weighted down. 

Estimated amount of material needed to construct a fish 
chute 5 feet wide upon dam with 8 feet fall, the top of dam be- 
ing 6 feet wide. It will be noted that 8 feet is far in excess 
of the height of most dams. 

9 — 2x12x8 bulkhead and crib sides 144 ft. 

5 — 2x12x12 bulkhead bottom and level chute. . .120 ft. 
10 — 2x12x16 chute bottom, 32-foot run 320 ft. 

5 — 2x12x16 chute sides, 32-foot run 160 ft. 

10 — 2x10x16 chute top, 32-foot run 268 ft. 

5 — 2x12x10 chute pockets or arms 100 ft. 

5 — 6x6x16 knees or horses 240 ft. 

1 yard rock to weight bulkhead. 

3 strap bolts, 36 inches long, for bulkhead and crib. 
12 bolts, Hxl2 inches for bulkhead. 

24 bolts, Hxl6 inches for arms. 

25 pounds spikes. 

24 strap irons for joints in chute. Carpenter and dray. 



22 



Sec. 6555. Penalty for failure of dam owner to 
construct chute. — If the owner or occupant, or any 
firm, corporation, company, person or persons, using 
or enjoying the use of any dam or dams across any 
stream in this state which is now built, or which may 
be built hereafter, shall fail to comply with all the 
provisions of this article with respect to the construc- 
tion and maintenance in good repair of such chutes and 
fish ladders in any such dam or dams, after having 
been notified in writing by the state game and fish 
commissioner to construct the same, he or they shall 
be guilty of a misdemeanor, and for each thirty days 
that such owner or occupant shall neglect or refuse to 
comply with all the provisions of this article appli- 
cable to him or them, he or they shall be punished by a 
fine of not less than one hundred dollars nor more than 
three hundred dollars. (Laws 1909, p. 519.) 

See Sec. 5482 and notes. 

Sec. 6556. Corporation owning dam — who li- 
able. — In respect to the construction and maintenance 
of fish chutes or fish ladders at dams owned by cor- 
porations, the duties and liabilities imposed by this 
article shall devolve and be imposed upon the presi- 
dent, secretary or manager in this state or any general 
or local agent thereof. (Laws 1909, p. 519.) 

Sec. 6557. Governor to appoint game and fish 
commissioner — salary. — It shall be the duty of the 
governor to appoint some person skilled in matters re- 
lating to birds, game and fish, a resident of this state, 
game and fish commissioner, who shall hold his office 
for a term of four years and until his successor has been 
appointed and qualified. He shall receive a salary of 
twenty-five hundred dollars per annum, payable 
monthly out of the game protection fund, in the same 
manner as other state officers are paid. (Laws 1909, 
p. 519.) 

Sec. 6558. Game commissioner shall file state- 
ment, with whom. — The game and fish warden may 
provide and maintain a suitable office, and may main- 
tain a clerk when necessary. At the end of each calen- 
dar month the said game and fish commissioner shall 
file with the state auditor an itemized statement, under 
oath, of all sums of money actually and necessarily 
expended by him in the discharge of his official duties. 
Such statement shall include office rent, salary of one 
clerk at the rate of two and one-half dollars per day 



23 



while said clerk is employed, salaries and expenses of 
deputies while traveling under special orders, as here- 
inafter provided, all necessary traveling expenses, 
postage, stationery, fuel and such incidental expenses 
as may be required. The state auditor shall draw his 
warrant for such amount, which shall be paid monthly 
out of the game fund. (Laws 1909, p. 519.) 

Sec. 6559. Game commissioner shall give bond. 
Before entering upon the discharge of his official 
duties the game and fish commissioner shall give bond 
in the sum of five thousand dollars to the state of 
Missouri, with two or more sureties, to the accept- 
ance of the secretary of state, conditioned that he 
will truly account for and apply all moneys which may 
come into his hands in his official capacity, and that 
he will faithfully perform the duties enjoined upon 
him by law; and he shall take and subscribe the oath 
or affirmation required by the Constitution of the 
state. (Laws 1909, p. 519.) 

Sec. 6560. Game commissioner shall keep a seal. 
The game and fish commissioner shall keep a seal of 
office, which shall be used to authenticate all papers 
and documents issued and executed by him as such 
officer. (Laws 1909, p. 519.) 

Sec. 6561. Game commissioner shall make re- 
port to governor — when — what. — In the month of 
January of each year the game and fish commissioner 
shall make a report to the governor, showing the offi- 
cial business transacted by him. Such report shall 
show the number of hunters' licenses issued, together 
with all fees proceeding therefrom. It shall show 
what moneys have been received by the game and 
fish department from other fees and other sources. 
It shall show the number of deputies employed and 
shall give all necessary information concerning the 
affairs of the game and fish department, said report to 
be published in pamphlet form. (Laws 1909, p. 519.) 
Sec. 6562. Duties of game commissioner.— It 
shall be the duty of the game and fish commissioner to 
enforce all laws now enacted and which may be here- 
after enacted for the protection, preservation and 
propagation of the game animals, birds and fish of this 
state, and to prosecute, or cause to be prosecuted, all 
persons who violate such laws. Said game and fish 
commissioner may make complaint and cause pro- 
ceedings to be commenced against any person for the 



24 



violation of such laws, and he shall not be obliged to 
furnish security for costs. Said game and fish com- 
missioner shall at any and all times seize any and all 
birds, animals and fish which have been caught, taken 
or killed at a time, in a manner, or for a purpose, or 
had in possession, or which have been shipped, con- 
trary to the laws of the state. (Laws 1909, p. 519.) 

Sec. 6563. Certain articles forfeited to state. — 
The unlawful use of any articles contrary to the pro- 
visions of the game and fish law shall forfeit the same 
to the state, and upon their being found by law under 
any of the conditions prohibited by this article, shall 
be destroyed. (Laws 1909, p. 519.) 

Sec. 6564. Game commissioner may examine 
packages — penalty for refusal to allow examination. 
All birds, animals or fish seized by the said game and 
fish commissioner shall be donated to some charitable 
institution in the county where such seizure was made. 
It is hereby made the duty of every warehouse, cold 
storage plant, merchant or common carrier, agent, 
-servant or employe thereof, to permit the game and 
fish commissioner to examine any package in the pos- 
session of said warehouse, cold storage plant, merchant 
or common carrier, or agent, servant or employe there- 
of, which the said game and fish commissioner shall 
suspect or have reason to believe contains fish, birds 
or game protected by the laws of the state, and not 
entitled under such law to be transported or had in 
possession, or when the said game and fish commis- 
sioner shall suspect or have reason to believe that the 
said package is falsely labeled. Any person, firm 
or corporation refusing the game and fish commis- 
sioner, or any officer charged with the enforcement of 
the game and fish laws, permission to examine or open 
any such package or impede such action by the game 
and fish commissioner, shall be punished by a fine of 
not less than fifty dollars nor more than one hundred 
and fifty dollars. Said game and fish commissioner 
shall not be liable for damages on account of any 
search, examination or seizure made in accordance 
with the provisions of this article. (Laws 1909, 
p. 519.) 

Sec. 6564a. Inspection and counting of birds, 
game and animals — penalty. — It is hereby made the 
duty of every person participating in the privileges of 
taking or possessing fish, birds, animals, and game, as 



25 



permitted by this act, to permit the game and fish 
commissioner or his deputies to inspect, and count 
such fish, birds, animals, and game, to ascertain 
whether the requirements of this act are being faith- 
fully complied with. Any person who shall refuse to 
comply with a demand to permit such inspection and 
count by any authorized officer of this state, or who 
shall interfere with such officer or obstruct such in- 
spection or count shall be guilty of a misdemeanor, 
and upon conviction, shall be fined not less than 
twenty-five dollars ($25.00) nor more than one hun- 
dred and fifty dollars ($150.00). (New section.) 

Approved March 24, 1915. 

Sec. 6565. Commissioner may serve warrants — 
may arrest without warrant, when. — Said game and 
fish commissioner shall have the same power to serve 
criminal processes as sheriffs or marshals, and shall 
have the same right as sheriffs or marshals to require 
aid in the execution of such process; said game and fish 
commissioner may arrest without warrant any person 
caught by him in the act of violating any of the laws of 
the state for the protection or propagation of birds, 
game and fish, and take such person forthwith be- 
fore a justice of the peace or any court having juris- 
diction, who shall proceed without delay to hear, try 
and determine the matter, the same as in other crimi- 
nal cases. (Laws 1909, p. 519.) 

Sec. 6566. Commissioner may appoint deputies 
— compensation. — The game and fish commissioner 
shall have power to appoint at any time one or more 
deputies from each congressional district, who shall 
assist him in the discharge of his duties, and said depu- 
ties shall have like power and authority herein pro- 
vided for the game and fish commissioner; but such 
deputies shall be subject to the supervision and con- 
trol of the game and fish commissioner and subject to 
removal by him. Such deputies shall each receive a 
per diem of three dollars for each day while under the 
direct orders of the state game and fish commissioner 
to perform services in the enforcement of the fish, 
game and bird laws, and their actual necessary ex- 
penses incurred while working under the direction of 
the state game and fish commissioner, which expenses 
shall be paid monthly upon vouchers verified under 
oath and approved by the state game and fish com- 
missioner out of the game protection fund. (Laws 
1999, p. 519.) 



26 



Sec. 6567. Commissioner to publish and dis- 
tribute laws relating to game. — The state game and 
fish commissioner shall cause to be published in 
pamphlet form, for general distribution, the laws re- 
lating to game, birds and fish. (Laws 1909, p. 519.) 

Sec. 6568. Commissioner may issue permits, 
when — to whom. — The state game and fish commis- 
sioner may issue permits to any person to take, cap- 
ture, kill, transport within or without this state, or 
import into this state, any game, fish or bird men- 
tioned in this article, at any time when satisfied such 
person desires the same exclusively as specimens or 
for scientific or propagating purposes. Such permit 
shall be in writing, and shall state the kind and num- 
ber to be taken and the manner of taking, the name of 
the person to whom issued, if imported into this state, 
the name of the state or territory, the name of the 
person shipping such birds, fish or game, and shall be 
signed by him; such permits shall not be transferable, 
nor shall it be lawful to sell or barter any of the birds, 
fish or game taken or imported under such permit for 
food purposes, and the holder of such permit shall be 
liable to the penalties provided in this article if he 
violates any of its provisions. Such permits shall be 
issued upon payment of five dollars and shall expire 
December 31st of the year issued: Provided, it shall 
be unlawful for any person to distribute or ship quail 
(bobwhite partridge) from this state for any purpose, 
and no permit shall be granted for such purpose. 
Any person or persons offending against the provisions 
of this section shall be guilty of a misdemeanor and, 
upon conviction, shall be fined not less than two hun- 
dred nor more than five hundred dollars for each 
offense. (New secti@n.) 

Approved March 23, 1915. 

Sec. 6568a. License for breeding game in 
captivity — penalty. — It shall be unlawful for any 
person to engage in the propagation of game in cap- 
tivity as is provided for in section 6568 or to maintain 
a game farm for raising deer and elk in captivity, as is 
provided for in section 6591, without first obtaining a 
license authorizing him or her to do so. Such licensee 
shall so conduct said game farm or propagation enter- 
prise, as to not in any manner, conflict with the en- 
forcement of the game laws of this state, as otherwise 
provided nor shall such domesticated game raised or 



27 



held in captivity, be used for a cloak to nullify or 
make difficult of enforcement the laws relating to wild 
game of the state. The license shall be for the sum of 
five dollars ($5.00) and shall expire December 31st 
of each year. The issuance of such license shall be 
discretionary with the state game and fish commis- 
sioner ,and may be revoked at any time. All fees for 
such license shall be placed in the game protection 
fund in like manner and for the same purpose as reve- 
nue from hunting license. A violation of this sec- 
tion shall be a misdemeanor and upon conviction the 
offender shall be punished by a fine of not less than 
one hundred dollars ($100.00) nor more than five hun- 
dred dollars ($500.00). (New section.) 

Approved March 24, 1915. 

Sec. 6569. Taxidermy — who shall engage in. — 
It shall be lawful for any person in the state of Mis- 
souri to engage in the art and business of taxidermy 
after first showing that he is skilled in such business 
and taking out a permit from the game and fish com- 
missioner therefor, and it shall be lawful for any such 
licensee to receive from any person the carcass of any 
wild bird or game animal lawfulty killed or any part 
thereof, to be mounted or preserved by the art of 
taxidermy, and to ship to any person the same, after 
being so mounted or preserved, by attaching to such 
shipment a tag, stating the name of the taxidermist 
and the number and date of his permit. It shall be 
lawful for any person in the state of Missouri, being a 
taxidermist, with permit and holding a permit for 
scientific collection, to dispose of specimens for scien- 
tific and instructive purposes. The permit for the 
business of taxidermy shall be issued by the state 
game and fish commissioner upon the payment of one 
dollar, and such permit shall be good only during the 
calendar year of issue and shall not be transferable. 
(Laws 1909, p. 519.) 

Sec. 6570. Commissioner may transmit speci- 
mens to other state wardens, when. — The state game 
and fish commissioner may, upon application from the 
game and fish commissioner, or corresponding officer, 
of any other state or territory, procure and transmit 
to such officer live specimens of the game animals, 
birds or fish of this state, to be used for scientific or 
propagating purposes. (Laws 1909, p. 519.) 

Sec. 6571. May remove fish, when. — The state 
game and fish commissioner may take at such time 



28 



and in such manner from public waters of this state 
fish which, in his judgment, hinder or prevent the 
propagation of game or food fish, or when fish are in 
danger of perishing. Such removal shall be effected 
by such means and under such regulations as the state 
game and fish commissioner may provide. So much 
of such money realized from the sale of fish so re- 
moved may be used by the state game and fish com- 
missioner in continuing the work of removal, and all 
surplus money must be turned into the game protec- 
tion fund. The Missouri fish commission may take 
or cause to be taken under the supervision of the state 
game and fish commissioner any fish from public 
waters in any manner, at any time, for any purpose 
connected with the fish culture or with scientific 
observation. (Laws 1909, p. 519.) 

Sec. 6572. Permits to be issued, when — fee. — 
Upon the payment of two dollars, unless otherwise pro- 
vided, to the state game and fish commissioner, he is 
authorized to issue permits according to the provisions 
of this article. (Laws 1909, p. 519.) 

Sec. 6573. Certain officers deputy wardens. — 
All sheriffs, deputy sheriffs, marshals, constables and 
other peace officers are hereby declared to be ex 
officio game and fish commissioners. (Laws 1909, 
p. 519.) 

Sec. 6574. License to hunt. — It shall be unlaw- 
ful for any person, after the passage of this article, 
to hunt in this state without first obtaining a license 
permitting him or her to do so. Such license shall be 
dated when issued, and shall authorize the person 
named therein to hunt during the calendar year of 
issue, and then subject only to the regulations and 
restrictions provided by law. (Laws 1909, p. 519.) 

Sec. 6575. License to nonresidents, how pro- 
cured — must keep record — license to residents, how 
procured. — The state game and fish commissioner shall 
issue licenses to nonresidents for hunting in the manner 
and under the conditions hereinafter stated. All 
fees for such licenses shall be paid by the state game 
and fish commissioner to the secretary of state, and 
shall be by him paid to the state treasurer. The 
state game and fish commissioner shall procure the 
printing of all licenses for hunting, and a record of 
such licenses issued to nonresidents shall be kept in the 
office of the state game and fish commissioner. All 



29 
C 

hunting licenses shall be numbered consecutively at 
the time they are printed. Resident licenses shall be 
furnished by the state game and fish commissioner to 
the clerks of the several counties and the license col- 
lector of the city of St. Louis, who shall issue the same 
upon the terms and conditions herein provided. 
Not more than one license shall be issued to the same 
person in any one calendar year. (Laws 1909, p. 
519.) 

Sec. 6576. Application of nonresidents must 
contain what — fee. — Any nonresident of this state 
may secure a license for hunting by filing his (or her) 
affidavit with the state game and fish commissioner, 
stating his (or her) name, age, place of residence, post- 
office address, color of his (or her) hair and eyes, 
and the fact whether he (or she) can or cannot write 
his (or her) own name and paying to the state game 
and fish commissioner the sum of twenty-five dollars. 
(Laws 1909, p. 519.) 

Sec. 6577. Resident license — by whom issued 
—record kept— clerk's fee— monthly remittance and 
report — penalty. — County clerks and the license col- 
lector of the city of St. Louis shall issue resident li- 
censes, under seal of their office, to all persons com- 
plying with the provisions of this article, and shall sign 
the same, and before the licensee, shall have the right 
thereunder to hunt, he shall sign his name, in ink, on 
the margin of the license paper. He shall keep a com- 
plete record of all licenses issued in a book, to be fur- 
nished by the state game commissioner, which record 
shall remain in his office, and be open to the inspec- 
tion of the public at all times. Such clerk and the 
license collector of the city of St. Louis shall retain 
out of the money received for each license issued, the 
sum of fifteen cents, which shall cover the swearing of 
the applicant to the affidavit, and all other services 
under this article, which said fee of fifteen cents, paid 
to said clerks, shall be retained by them for such serv- 
ices, and said clerks are not required to account for 
the same in their quarterly or annual statements of 
fees, as provided in sections 10721 and 10722, and shall 
pay the balance to the state treasurer on the first day 
of each month, and report to the state game and fish 
commissioner, the number of licenses issued, and the 
amount of money remitted to the state treasurer on 
the first day of each month. Any person violating 
any of the provisions of this section, shall be deemed 



30 



guilty of a misdemeanor, and, upon conviction, be 
fined not less than twenty-five dollars, nor more than 
one hundred dollars. (New section.) 
Approved March 23, 1915. 
See State v. Moody, 202 Mo. 120. 

Sec. 6578. Resident or state license, good 
where — qualifications of applicant — fee — proviso. — 

Resident licenses shall be issued as county resident li- 
censes and state resident licenses. A county resident 
license shall entitle the holder to hunt only in the 
county wherein such license is issued, and any adjoin- 
ing county. A state resident license shall entitle the 
holder to hunt in all counties in the state of Mis- 
souri. Any person who has been a bona fide resident 
of this state for six months last past may secure a 
license for himself (or herself) by filing his (or her) 
affidavit with the clerk of the county where he (or 
she), resides, stating his (or her) age, name, place of 
residence, postoffice address, the color of his (or her) 
hair and eyes, and the fact whether he (or she) can or 
cannot write his (or her) name, paying to said clerk 
one dollar for a license to hunt in the county in which 
he resides and any county adjoining same, or five 
dollars for a state resident license: Provided, that 
this section shall not apply to owners and tenants of 
farm lands used exclusively for agricultural purposes, 
and members of their families under the age of twenty- 
one years, who may hunt on their own or leased lands 
without obtaining a hunting license. (Laws 1909, 
p. 519.) 

See Ex parte Helton, 117 A, 609. 

Sec. 6579. Duties of license collector St. Louis 
city same as county clerk. — For the purpose of carry- 
ing on the provisions of this article, the license col- 
lector of the city of St. Louis shall correspond to the 
county clerks of the various counties in this state. 
Such license collector shall be provided with the neces- 
sary license blanks and affidavit blanks and license 
record. He shall issue resident hunters' licenses and 
collect therefor the fee required in section 6578 of this 
article, and for each license issued such license col- 
li- -tor shall retain from such money collected a fee of 
fifteen cents. He shall keep such records relating to 
licenses issued and make such reports to the state game 
and fish commissioner concerning the same as the pro- 
visions of this article require of county clerks. (Laws 
P. MM), p. 519.) 



31 

Sec. 6580. License may be inspected, by whom 

penalty for refusal. — It is hereby declared to be the 

duty of every person holding a hunter's license in the 
state to present the same for inspection by the game 
and fish commissioner or any of his deputies, or any 
other state officer, or any sheriff, marshal or constable. 
Any person holding such license and refusing to pre- 
sent the same when a proper demand is made there- 
for, shall be deemed guilty of a misdemeanor, and, 
upon conviction, shall be punished by a fine of not less 
than ten dollars nor more than twenty-five dollars. 
(Laws 1909, p. 519). 

Sec. 6581. Penalty for hunting without license. 
Any person who shall hunt in this state without being 
at the time of such hunting in possession of a license, 
as herein provided, duly issued to him (or her), which 
license shall cover the period in which he (or she) 
shall be hunting, or who shall furnish to another per- 
son a license issued to him (or her), shall be fined not 
less than twenty-five dollars nor more than one hun- 
dred dollars and costs of prosecution. (Laws 1909, 
p. 519.) 

Sec. 6582. Penalty for fraudulently procuring 
license. — Any person who shall make to any person 
authorized to issue hunting licenses a false statement, 
or who shall change or alter in any manner a hunting 
license, shall be punished by a fine of not less than fifty 
dollars nor more than one hundred dollars and costs of 
prosecution. (Laws 1909, p. 519.) 

Sec. 6583. Licenses distinguishable in color- 
distribution of— annual return and report.— The li- 
censes of state residents and county residents and non- 
residents shall be printed so different in color as to be 
easily distinguished. The state game and fish com- 
missioner shall deliver to the clerk of each county and 
the license collector of the city of St. Louis, as soon as 
this article goes into effect, and at least ten days be- 
fore the first day of January of each year thereafter, 
as many licenses as may be required, and shall charge 
said clerk and collector with the number so issued to 
him. On the fifteenth day of December of each year, 
and within ten days thereafter, each county clerk and 
collector of St. Louis shall return to the state game and 
fish commissioner all unused licenses and unused stubs 
of the licenses issued, with a report of the number of 
licenses issued, amount of money received, amount re- 
tained by him, and the amount paid over to the state 



32 



treasurer for hunting licenses issued. (Laws 1909, 
p. 519.) 

Sec. 6584. Schedule of game and open dates on 
back of license— licensee shall report to commis- 
sioner. — On the back of each hunting license the state 
game and fish commissioner shall cause to be printed a 
table showing the names of birds and animals that may 
be killed, together with a list of days; and the holder of 
such license shall set down in the proper place the 
number and name of each kind of bird or animal killed, 
and return such license, with such table properly 
filled, to the state game and fish commissioner. (Laws 
1909, p. 519.) 

Sec. 6585. "Game protection fund," availabil- 
ity and restrictions. — All moneys sent to the state 
treasurer in payment of hunting licenses, other li- 
censes, penalties and forfeitures shall be set aside by 
the state treasurer and shall constitute a fund known 
as the "game protection fund," for the payment of 
salary of the state game and fish commissioner and 
his necessary expenses; for the payment of deputy 
game and fish commissioners and their necessary 
expenses; also, the buying, shipping, keeping, propa- 
gating and preserving of game. The liability of the 
state for per diem, salaries and expenses of deputy 
game commissioners appointed under this article or 
otherwise, and for all other services and expenses in- 
curred for any purpose or in consequence of this article 
shall be limited to the amount of moneys in the game 
protection fund, and in no event shall the state pay 
any such salaries or expenses, or be liable in any way 
therefor, except to the extent of such game protection 
fund, any contract, express or implied, of the state 
game and fish commissioner to the contrary notwith- 
standing. And said state game and fish commissioner 
shall not issue any voucher, nor shall the state auditor 
approve any voucher if issued by the state game and 
fish commissioner under the provisions of this article, 
or otherwise, for any such per diem, salary, services or 
other expenses of any kind, unless the money to pay 
such voucher shall at the time be on hand to pay the 
same. (Laws 1909, p. 519.) 

Similar provisions in the act of 1905, p. 158. for dis- 
position of ''fines, penalties, forfeitures" were held uncon- 
stitutional, and the prosecutions and penalties held to be 
criminal. State ex rel. v. Warner, 197 Mo. 650. 



33 



Sec. 6586. Trials, duty to report fines. — It shall 
be the duty of every justice of the peace, magistrate or 
clerk of the court before whom any prosecution under 
this article is commenced, or shall go on appeal, and 
within twenty days after the trial or dismissal thereof, 
to report in writing the result thereof, and the amount 
of fine collected, if any, to the state game and fish com- 
missioner. (Laws 1909, p. 519.) 

Sec. 6587. Penalties collected, how disposed of. 
Moneys collected from penalties or forfeitures under 
this article, belonging to the game protective fund, 
shall be paid over by the officer authorized to collect 
said money to the state treasurer on or before the first 
day of each month. (Laws 1909, p. 519.) 

Sec. 6588. State treasurer to make monthly re- 
port to commissioner. — -The state treasurer shall re- 
port on the first day of each month to the state game 
and fish commissioner the exact amount of money in 
the game protection fund. (Laws 1909, p. 519.) 

Sec. 6589. Shipping, owner to accompany game 
— penalty. — It is unlawful and is prohibited for any 
person who has lawfully killed the same in this state 
to take, ship, or transport out of this state, any of 
the birds, or game, protected by the laws of the state, 
unless the same shall be in personal possession of, or 
carried openly as baggage or express by the owner 
thereof, and such owner shall have in his or her pos- 
session at the time a nonresident or resident license 
duly issued to him or her under the provisions of the 
law, and shall accompany the said birds or game on the 
same train or other conveyance of the common carrier. 
Any person who shall violate any of the provisions of 
this section shall be punished by a fine of not less than 
twenty-five dollars ($25.00) or more than one hundred 
dollars ($100.00): Provided, nothing in this section 
shall be construed as permitting any person to trans- 
port birds or game protected by the laws of this state 
unless he or she shall be at the time in possession of a 
hunting license, which license must be shown under 
any and all conditions, relating to transportation when 
demand is made by any authorized officer intrusted 
with the duty of enforcing this law. (New section.) 

Approved March 24, 1915. 

No hunter can lawfully ship game unless he has a license. 
Ex parte Helton, 117 A. 609. 

Sec. 6590. Transportation company must in- 
quire for license before shipping. — Any person, com- 



34 



pany, corporation or common carrier, before shipping 
or transporting any animals or birds, must ascertain 
if any person offering for shipment such birds or game 
is in possession of a hunter's license duly issued to him 
(or her) and covering the period when such shipment 
is offered. Such birds or game may be shipped or 
transported, provided it is accompanied by the shipper 
from place of shipment to destination, if within the 
state, and to state line, if without the state. No 
transportation company or common carrier shall re- 
ceive for transportation or transport any of the birds 
or game protected by this article unless the same shall 
be received for transportation, carried and delivered 
pursuant to the provisions of this article, and shall 
only be received for shipment, carried or delivered dur- 
ing the season or time which the laws of this state shall 
fix as the open season for transportation of such birds 
or game. Any person, corporation, company or com- 
mon carrier violating any of the provisions of this 
article shall be deemed guilty of a misdemeanor, and, 
upon conviction thereof, shall be punished by a fine 
of not less than fifty dollars nor more than one hun- 
dred dollars. (Laws 1909, p. 519.) 

No person can receive for shipment, and no carrier can 
carry, game unless lawfully killed. The only evidence re- 
quired that the game has been lawfully killed is that the person 
having the game and offering it for shipment has a license 
issued to him. Ex parte Helton, 117 A. 609; State v. Koock, 
202 Mo. 223. 

Sec. 6591. Providing for the shipment and sale 
of deer and elk. — To encourage raising deer and elk in 
this state in captivity, nothing in this act shall be con- 
strued to prevent the shipment or sale of deer or elk, 
alive or dead, from preserves when such deer or elk are 
raised in captivity, such shipments or sales to be made 
in a manner prescribed by the state game and fish 
commissioner. (Laws 1911, p. 257.) 

Sec. 6591a. Penalty not otherwise provided. — 

Any person violating any of the acts prohibited by the 
fish and game laws of the state of Missouri, a penalty 
for which is not otherwise specifically provided, shall 

-iiilty of a misdemeanor, and upon conviction 
thereof, shall be punished in the same manner as pro- 
vided for other acts of misdemeanor under the laws of 
this state. (New section.) 

Approved March 24, 1915. 



35 



Sec. 4893a. Trespass — hunting. — Every person 
who shall be found hunting, with gun or dog, upon the 
enclosed, improved or cultivated lands of another, or 
shall enter the same to catch or kill game of any kind, 
without the consent of the owner or person in charge 
of such lands, shall, on complaint of such owner or 
person in charge of such lands, and upon conviction 
therefor, be fined not exceeding ten dollars. (Laws 
1911, p. 202.) 

Sec. 1. Trespass — trapping. — It shall be un- 
lawful for any person or persons to go upon the en- 
closed premises of another for the purpose of molesting 
the den or dens of any fur or hair-bearing animal by 
any human device or to set any trap, snare, net, dead- 
fall or other device without first having upon his per- 
son at the time the written permission of the owner or 
agent of such premises to so do. 

Sec. 2. Any person or persons violating any of 
the provisions of this act shall be deemed guilty of a 
misdemeanor, and, upon conviction thereof, shall be 
fined not more than fifty dollars nor less than ten dol- 
lars for each offense. (Laws 1913, p. 224.) 
V 



HUGH STEPHENS, JEFFERSON CITY 






Gaylord 


Bros.. 


Makers 


Syracuse, 


N. V. | 


PAT. JAN. 21 


,1908 








■',.■. a.* > , •'■,.. >'-:.■ 



